The Law on knife crime
Knife crime is any crime involving a knife or sharp object. This includes:
- Carrying a knife – it is against the law to carry a knife in a public place unless the blade is less than 3 inches long and is a manual folding blade. It is also against the law to carry a knife on behalf of someone else. A court will decide if you’ve got a good reason to carry a knife or a weapon if you’re charged with carrying it illegally. Good reasons can include:
- – For your work
- – For religious reasons, such as the kirpan some Sikhs carry
- – As part of any national costume
- – The knife is going to be used for theatre, film, television, historical re-enactment.
- Owning a banned knife – in the UK, it is illegal to bring into the country, sell, possess, hire or give someone a banned knife. Banned knives include butterfly knives, disguised knives, flick knives, and zombie knives.
- Trying to buy a knife if you are under 18 years – a person must be 18 or over to purchase a knife. This includes cutlery and kitchen knives.
- Selling a knife to anyone under 18 years – any article which has a blade or which is sharply pointed, and which is made or adapted for causing injury to the person. The prohibition is not intended to apply to articles such as scissors or compasses. It does, however, apply to traditional non-cartridge razor blades, modelling knives and blade refills.
- Threatening, injuring or fatally wounding someone with a knife – using a knife or another bladed instrument, depending on the circumstances and nature of injuries caused, can lead to offenders being charged with a range of offences, from assault to causing Grievous Bodily Harm (GBH) with intent, from attempted murder to manslaughter and ultimately murder.
Specific knife crime legislation includes:
- Offensive Weapons Act 2019 (OWA)
- – Threatening with an offensive weapon etc in a private place – section 52
- – Delivery of bladed products to residential premises – section 38
- – Delivery of bladed products to persons under 18 – section 39
- Prevention of Crime Act 1953
- – Having an offensive weapon in a public place – section 1
- – Threatening with an offensive weapon in public – section 1A
- Criminal Justice Act 1988
- – Having a bladed or sharply pointed article in a public place – section 139
- – Having a bladed or sharply pointed article on school or further education premises – section 139A
- – Threatening with a bladed article in a public place or on school or further education premises – section 139AA
- – Manufacture, sale or hire, or offer for sale or hire, expose or have in their possession for the purpose of sale or hire, or lending or giving an offensive weapon to any other person – section 141
- – Possession of prohibited offensive weapons in private – section 141(1A) as inserted by section 46 OWA
- Knives Act 1997
- – Section 1 of the Knives Act 1997 created an offence of unlawful marketing of knives, which is committed if a person markets a knife in a way which indicates, or suggests, that it is suitable for combat; or is otherwise likely to stimulate or encourage violent behaviour involving the use of a knife as a weapon.
Other knife crime offences include:
- Manufacture or sale etc. of flick knives or gravity knives – section 1 Restriction of Offensive Weapons Act 1959.
- Possession of certain dangerous knives – section 1A Restriction of Offensive Weapons Act 1959 – as inserted by section 44 of OWA.
- Unauthorised possession of knives and other offensive weapons in prisons – section 40CA Prison Act 1952 as added by section 78 Serious Crime Act 2015.
Where a weapons offence is accompanied by another offence, for example assault, sexual assault or robbery, the weapons offence will normally be charged as well as the other offence, particularly where there are aggravating features.
Other legislation that applies to knife crime includes:
Stop and search
The three main Acts that enable police forces in England and Wales to carry out ‘stop and search’ are:
- Section 1 of the Police and Criminal Evidence Act 1984
- Section 60 of the Criminal Justice and Public Order Act 1994
- Sections 44/47A of the Terrorism Act 2000
The vast majority of all searches are carried out under section 1 and ‘associated legislation’ such as the Misuse of Drugs Act 1971.
Joint Enterprise
Joint Enterprise is a section of the law which allows two or more people to be convicted of the same crime, potentially receiving the same sentence, even if they had differing levels of involvement. The Joint Enterprise law is for circumstances where there is evidence to prove a group of people were involved in a crime, but where it is difficult to determine who is the main perpetrator. For example, if a murder has taken place and there is evidence that five people were involved, but it is difficult to determine which of those five dealt the fatal blow, they could all be convicted of murder under Joint Enterprise.
The Offensive Weapons Act 2019 (OWA) is a piece of legislation introduced in response to and to combat the increase in knife and violent crime.
The Offensive Weapons Act 2019 makes it unlawful to own specific firearms, knives and other offensive weapons. It introduced tough measures to strengthen law enforcement’s response to violent crime.
Following rises in knife crime and the possession and use of products with novel designs, particularly large, serrated blade weapons (known as ‘zombie’ knives), the Offensive Weapons Act 2019 (OWA) brought in further restrictions on knives and bladed products and controls on their supply and delivery.
The OWA creates an important distinction between bladed articles and bladed products. Bladed products are a specific type of bladed article, and they have extra restrictions on sale and delivery.
Bladed articles are any knife, knife blade, razor blade, axe or other article with a blade or sharp point which is made or adapted to use for causing injury to a person. It is an offence to sell a bladed article to a person under 18 years.
Selling knives and bladed articles presents particular issues for retailers (both for on-premises sales and those made remotely, online, for example) and delivery agents. They must all have effective systems in place for preventing unlawful sales or deliveries to prospective customers.
Retailers are expected to act responsibly and to consider carefully whether an item could commonly be defined as a knife. This applies to any article which is, or has, a blade. This can include things that you may not initially think of as a knife, for example carpentry cutting tools, gardening tools such as shears, secateurs, hooks and slashers, paint scrapers and multi-tools – that is, tools that contain a knife or blade alongside other devices such as a screwdriver, tin opener, etc. The only exception in the OWA to the bladed or sharply pointed age-restriction provision is a folding pocket knife, and only if the blade does not exceed 7.62 cm (3 inches).
All other bladed articles which are plainly not foldable pocket knives, for instance kitchen knives or a foldable cut-throat razor, are caught by the age restriction, irrespective of length.
If sold remotely, sellers must not deliver any bladed article, or arrange for it to be delivered, to a collection point or locker. This is because there is no means of verifying age at the point of collection. All packages must be clearly marked to indicate that they contain a bladed article and must only be delivered into the hands of a person aged 18 or over.
The OWA created a new offence for the seller to deliver, or arrange the delivery of, bladed products to residential premises, unless certain checks are carried out by the seller before the delivery is arranged.
The Act defines residential premises as premises used solely for residential purposes. This means that if premises are used for both business and residential purposes, for example, if a person is running a business from their home, such as a decorator, a carpenter or a farmer, it is possible to deliver bladed products to the address.
It is for the seller to satisfy themselves that the address is not used solely for residential purposes. A record must be kept of how this is done and of the information used to satisfy the seller that the address is not solely residential.
If the seller has a pre-existing contractual arrangement with a third-party delivery company to deliver knives and other bladed articles, then the courier/delivery agent must carry out checks upon delivery to ensure the knife or bladed article is only delivered to a person who is at least 18. These checks are in addition to the seller’s checks to ensure the article is not going to a person under 18 at a residential address.
Whether a retailer sells bladed articles in-store or remotely, they must ensure that their sales system has robust age verification and ID checks. The legislation does not specify what type of age verification system is required; it is up to sellers to make a decision on whether their system meets the requirement that it is likely to prevent persons under 18 from buying a bladed article.
Challenge 21/25 policies ensure that anyone who appears to be below the age of 18 provides acceptable identification before purchasing an age-restricted product. These can be extended to cover the sale of articles with a point or blade.
In addition to the age restriction on the sale of legal knives and bladed articles, under the OAW there are a large number of banned offensive weapon products that it is illegal to sell, hire, lend or give to anyone irrespective of their age.
Possession of an article with blade or point or offensive weapon on education premises. The OWA amended section 139A of the Criminal Justice Act 1988 to include further education premises as well as school premises.
As of 14 July 2021, section 52 of the OWA introduced the offence of “Threatening with an offensive weapon, bladed, or pointed article or corrosive substance in a private place”. A private place is defined as a place other than a public place, school premises, further education premises, or a prison. Any knife or sharp object whilst not categorised as an offensive weapon when being used for its intended purpose on private premises, for example a kitchen knife used when cooking, becomes an offensive weapon when used to threaten or harm another person(s).
To summarise the law on knife crime:
- It’s illegal to carry a knife in public, even if you’re not behaving in a threatening manner and don’t plan to use it.
- Under certain circumstances, it’s legal to be in possession of a knife in public. Good reasons to carry can include:
- – If it’s a tool of the trade, for example you work in catering or carpentry
- – For religious reasons, for example a Sikh kirpan
- – If it’s a penknife, pocket or folding knife less than three inches long, although it may be considered offensive if carried for the purpose of causing injury or harm.
- It isn’t illegal in the UK to own a knife in private, such as the bread knife in your kitchen. However, if any knife is used in a threatening way in a private environment, such as your house, it becomes an offensive weapon.
- Using any knife in a threatening way, even those that can be legally carried, is a criminal offence.
- It is against the law to carry a knife on behalf of someone else.
- A person must be 18 or over to purchase a knife. This includes cutlery and kitchen knives. A person over the age of 16 can purchase a knife only if the blade is less than 3 inches in length and is a manual folding blade.
- In the UK, it is illegal to bring into the country, sell, possess, hire or give someone a banned knife.
- The police can stop and search anyone they think is carrying a weapon.
- A person doesn’t have to stab someone to be in trouble – under a law called Joint Enterprise they could end up in prison too even if they didn’t touch or use the weapon.
Offences related to carrying knives and other offensive weapons are set out in the Criminal Justice Act 1988 and the Prevention of Crime Act 1953. There are two broad categories of offence: possessing a weapon and threatening with a weapon. The specific offence will depend on the type of weapon used and where the offence was committed.
Possessing a weapon – the maximum sentence for possession offences is four years’ custody. If the offender has committed the same offence before or another relevant offence such as threatening with an offensive weapon in a public place, they will face a minimum sentence of at least six months’ custody.
Threatening with a weapon – the mandatory minimum sentence for threatening offences is six months’ custody; the maximum sentence is four years’ custody or four months’ Detention and Training Order for a youth under 18 years.
The penalties are higher if a person injures someone or uses a knife to commit a crime.
Offenders under 18 are still more likely to be cautioned than sent to prison. In the case of the offenders under the age of 18, the guidelines work in conjunction with the Sentencing Children and Young People guideline and encourage courts to give significant consideration to the age/maturity, background and circumstances of each offender with a view to reaching the most appropriate sentence that will give the optimum chances of preventing reoffending, which is the primary function of the youth justice system.
There is a mandatory minimum custodial sentence for 16- and 17-year-olds convicted of a second knife crime offence; they will face a minimum four-month detention and training order.
A Knife Crime Prevention Order (KCPO) is a civil order that may be imposed on anyone aged 12 or over who is known to be regularly carrying a knife, or who is convicted of a knife-related offence.
Assault covers a range of actions, from using threatening words to a severe physical attack that leaves the victim permanently disabled. Knife crime often falls under the assault categories of either grievous bodily harm (GBH) or wounding.
Grievous bodily harm (GBH) means the assault has caused serious physical harm. It does not have to be permanent or dangerous. For example, a broken bone would amount to GBH, in some cases a broken bone might lead to permanent disability but, in others, it might heal without leaving any long-term effects. GBH can also include psychiatric injury or someone passing on an infection, for example through sexual activity.
Wounding requires that the victim’s skin is broken, either on their body or their inner skin (for example, inside their lip), but it does not include the rupture of blood vessels. So, if the injury is just bruising, that would not amount to wounding. The injuries involved in a wounding can be less serious than those in GBH.
Penalties for assault depend on the offence type. For grievous bodily harm or wounding:
- The maximum sentence is five years’ custody.
- If the assault is racially or religiously aggravated, the maximum sentence is seven years’ custody.
- If the assault was committed with intent to cause GBH/wounding then the maximum sentence is life imprisonment.
If a person is involved in stabbing another person and they die, the offender could face a minimum of ten years in prison.
If the offender took a knife or other weapon to the scene intending to (a) commit any offence or (b) have it available to use as a weapon, and used that knife or other weapon in committing murder, the normal starting point is 25 years for the minimum term of the life sentence.
If an offender is given a life sentence, it does last for the rest of their life. They will serve a term in prison, for example the minimum term for a murder with a knife is 25 years, then they will be released on licence, which means they are subject to certain conditions for the rest of their life. If they break the terms of this licence, they will end up back in prison. The most serious offenders receive a whole life tariff, which means they will spend the rest of their life in prison.
The Sentencing Council has published two new sentencing guidelines, which came into effect on 1st April 2023, for sentencing retailers convicted of selling knives to children under 18.
Retailers found guilty of selling knives to underage customers could face unlimited fines and individuals could face a possible prison sentence of up to six months. The sale of retail knives also includes bladed kitchen utensils and butter knives and includes sales in-store and online.
These new regulations highlight the severity of the issue and the importance of responsible knife sales. Retailers must ensure that they are aware of the legal requirements and take all necessary steps to prevent the sale of knives to underage customers.
Larger organisations with a £50 million plus annual turnover could be fined up to £1 million and smaller independent stores could face a community order or a fine up to 700% of their weekly income if found to be selling knives to young people.
As well as penalties for those involved in knife crime, there are also unforeseen consequences. These include:
- Knife crime damages friendships and can damage the offender’s family’s reputation with their friends and the local community.
- Knife crime can have a negative mental impact not only on the victim but also on the offender.
- Having a criminal record can even affect the offender’s social life. Many countries such as the USA and Australia are really strict about who they let in, even just for a holiday. A criminal record may mean they might never be able to live or visit there.
- A criminal record is permanent. When applying for jobs and on many applications including for college and university, it will always need to be declared.
- A person will always have to declare their criminal record and complete enhanced DBS checks when applying for jobs in education, banks, armed forces, and travel. If a person wants to get a taxi licence or private vehicle hire licence, they will have to declare their criminal record.
Unfortunately, there is no straightforward answer when it comes to sentencing as there is a huge range of factors that need to be considered. How the courts sentence offenders will depend upon the type of offence.
Parliament sets the maximum (and sometimes minimum) penalty for any offence. When deciding the appropriate sentence, the court must follow any relevant sentencing guidelines, unless it is not in the interests of justice to do so.
The variations in the time frame are often due to the sentencing guidelines focusing on an assessment of culpability and harm, along with any aggravating or mitigating factors. Sentences are decided based on the harm the victim suffers and the offender’s role, so the effect on the victim is therefore a crucial part in the decision as to what sentence an offender gets.
Culpability describes how responsible the accused was for the knife crime offence, along with the type of offensive weapon or bladed article they had in their possession.
The Sentencing Council states that culpability is demonstrated by one or more of the following
Culpability A
- Possession of a bladed article
- Possession of a highly dangerous weapon
- Offence motivated by or demonstrating hostility based on any of the following characteristics or presumed characteristics of the victim: religion, race, disability, sexual orientation or transgender identity
Culpability B
- Possession of weapon (other than a bladed article or a highly dangerous weapon) – used to threaten or cause fear
Culpability C
- Possession of weapon (other than a bladed article or a highly dangerous weapon) – not used to threaten or cause fear
Culpability D
- Possession of weapon falls just short of reasonable excuse
Harm is used to measure the type and amount of damage that was risked or caused against the victim(s). Harm also looks into where the offence allegedly took place, as to whether it was in a location where vulnerable people are.
Category 1
- Offence committed at a school or other place where vulnerable people are likely to be present
- Offence committed in prison
- Offence committed in circumstances where there is a risk of serious disorder
- Serious alarm/distress
Category 2
- All other cases
When deciding the sentence, any aggravating factors will have a big impact on the severity of it. Sentences are often more severe if the offence was committed as part of a group, under the influence or motivated by hostility towards race, religion, disability, sexual orientation or identity.
Mitigating factors may have the opposite effect, decreasing the severity of the sentence. This can include:
- Has a mental disorder or learning disability
- Is the sole or primary carer for dependent relatives
- Has cooperated with the police
- Lacks any previous or relevant convictions
- Is of good character
- Has a serious medical condition requiring urgent, intensive or long-term treatment
- Is young or lacks maturity